Proposed Establishment of the Conneaut Creek Viticultural Area, 726-730 [2024-00059]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2023–0010; Notice No.
228]
RIN 1513–AD01
Proposed Establishment of the
Conneaut Creek Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 70,437-acre ‘‘Conneaut
Creek’’ American viticultural area
(AVA) in Ashtabula County, Ohio. The
proposed AVA is located entirely within
the boundaries of the existing Lake Erie
AVA. TTB designates viticultural areas
to allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on these proposals.
DATES: TTB must receive your
comments on or before March 5, 2024.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
document, its supporting materials, and
any comments TTB receives on it within
Docket No. TTB–2023–0010 as posted
on Regulations.gov (https://
www.regulations.gov), the Federal erulemaking portal. Please see the
‘‘Public Participation’’ section of this
document below for full details on how
to comment on this proposal via
Regulations.gov or U.S. mail, and for
full details on how to obtain copies of
this document, its supporting materials,
and any comments related to this
proposal.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
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TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
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deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
provisions pursuant to section 1111(d)
of the Homeland Security Act of 2002,
as codified at 6 U.S.C. 531(d). In
addition, the Secretary of the Treasury
has delegated certain administrative and
enforcement authorities to TTB through
Treasury Order 120–01.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features as described in
part 9 of the regulations and, once
approved, a name and a delineated
boundary codified in part 9 of the
regulations. These designations allow
vintners and consumers to attribute a
given quality, reputation, or other
characteristic of a wine made from
grapes grown in an area to the wine’s
geographic origin. The establishment of
AVAs allows vintners to describe more
accurately the origin of their wines to
consumers and helps consumers to
identify wines they may purchase.
Establishment of an AVA is neither an
approval nor an endorsement by TTB of
the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and allows any interested party to
petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions to
establish or modify AVAs. Petitions to
establish an AVA must include the
following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
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• A narrative description of the
features of the proposed AVA that affect
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
• If the proposed AVA is to be
established within, or overlapping, an
existing AVA, an explanation that both
identifies the attributes of the proposed
AVA that are consistent with the
existing AVA and explains how the
proposed AVA is sufficiently distinct
from the existing AVA, and therefore
appropriate for separate recognition.
Petition To Establish the Conneaut
Creek AVA
TTB received a petition from Andrew
Kirk, a research specialist at Ohio State
University—Ashtabula Agricultural
Research Station, proposing to establish
the ‘‘Conneaut Creek’’ AVA on behalf of
the Committee for Establishment of the
‘‘Conneaut Creek AVA,’’ comprised of
local industry and institutional
stakeholders. The proposed AVA is
located in Ashtabula County, Ohio, and
is entirely within the established Lake
Erie AVA (27 CFR 9.83). The proposed
AVA consists of the land within 2 miles
of Conneaut Creek within the State of
Ohio, for a total of approximately 37,116
acres. There are six commercial
vineyards covering a total of
approximately 45 acres within the
proposed AVA, as well as three
wineries. The distinguishing feature of
the proposed Conneaut Creek AVA is its
climate.
Proposed Conneaut Creek AVA
Name Evidence
The proposed AVA takes its name
from Conneaut Creek, which runs
through the region and empties into
Lake Erie near the Ohio-Pennsylvania
border. According to the petition, one of
the earliest examples of the use of the
name ‘‘Conneaut Creek’’ comes from the
diary of Moses Cleveland, a surveyor
who landed at the mouth of the creek
on the Lake Erie shoreline in 1796 and
referred to the creek as ‘‘Conneaught
Creek,’’ an anglicized spelling of the
Seneca name for the creek. The creek
also gives its name to the city of
Conneaut, Ohio, which is within the
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proposed AVA. The petition includes
several examples of businesses and
organizations within the proposed AVA
that use the name ‘‘Conneaut’’ or
‘‘Conneaut Creek,’’ including Conneaut
Creek Veterinary Wellness and Urgent
Care, Conneaut Creek Float and Fly
Shop, the Conneaut Creek Club,
Conneaut Creek Ship Repair, Friends of
Conneaut Creek, and Conneaut Creek
Fishing Lodge.
Boundary Evidence
The proposed Conneaut Creek AVA
encompasses the portion of Conneaut
Creek that is in Ohio. Although the
creek originates in Pennsylvania, the
petition states that the OhioPennsylvania border is used as the
eastern boundary of the proposed AVA
because at the time the petition was
submitted, commercial viticulture did
not exist along Conneaut Creek in
Pennsylvania. The boundary of the
proposed AVA begins at the point
where Conneaut Creek intersects the
Ohio-Pennsylvania State line. The
proposed AVA then encompasses all
land within 2 miles of the creek within
the State of Ohio, to the point where the
creek empties into Lake Erie. The
petition states that a 2-mile radius
around the creek encapsulates the
climate, topography, and soil type of the
proposed AVA, the primary
characteristic being a climate that is
strongly influenced by winds blowing
inland from Lake Erie. According to the
petition, the climatic influence of these
winds lessens the farther one travels
from both the Lake Erie shoreline and
the banks of Conneaut Creek.
Distinguishing Feature
According to the petition, the
distinguishing feature of the proposed
Conneaut Creek AVA is its climate,
which is influenced by air moving
inland from Lake Erie via Conneaut
Creek. The headwaters of the creek are
in Pennsylvania, and it primarily flows
south to north within that State.
However, within the proposed AVA,
Conneaut Creek flows from east to west
for some time, parallel to Lake Erie,
before resuming a northward trajectory
into the lake. The proposed AVA is also
located along a considerable
northeasterly curve of the shoreline. The
petition states that due to the shape of
the shoreline, air flowing into the
proposed AVA has travelled across the
waters of Lake Erie for a longer distance
than at locations along the shoreline
that are farther to the west. Therefore,
the air has more time to be affected by
the temperature of the water it is
passing over. The result is that
temperatures in the proposed AVA are
typically cooler for longer in the spring
growing season, when the water
temperature is generally cooler than the
air temperature; less extreme in the
summer; and warmer in the winter,
when the water temperature is generally
warmer than the air temperature. By
comparison, temperatures in locations
farther from the lake are typically
warmer in the summer and cooler in the
winter than the proposed AVA.
To demonstrate how airflow over
Lake Erie affects temperatures, the
petition included the average growing
degree day 1 (GDD) accumulations from
2015 to 2020 from within the proposed
Conneaut Creek AVA and from the city
of Fremont, Ohio, which is located
within the western portion of the Lake
Erie AVA and is not as close to the lake
as the proposed AVA. The average GDD
accumulation for the proposed AVA
was 2,996.6, while the average GDD
accumulation from Fremont was 3,379.
The petition states that the difference of
382.4 GDDs is equivalent to 3.5 to 4
extra weeks of heat accumulation,
indicating a warmer climate in Fremont.
According to the petition, the cooler
temperatures of the proposed Conneaut
Creek AVA affect grape maturation and
levels of malic acid, sugar (measured in
degrees Brix), and phenols (which affect
flavor, smell, and color). The petition
provided information about must from
pinot noir grapes harvested on the same
date in 2019 from a vineyard in the
proposed AVA and from two vineyards
in the nearby Grand River Valley AVA
(27 CFR 9.87), which is located within
the Lake Erie AVA to the southwest of
the proposed AVA. The information is
set out in the following table. The
petition notes that within the proposed
AVA, the farthest a vineyard can be
from Lake Erie is 6.5 miles, with most
existing vineyards being within three
miles of Lake Erie. In the Grand River
Valley AVA, the closest a vineyard
could be to the lake is 7.5 miles.
TABLE 1—COMPARISON OF PROPOSED AVA AND GRAND RIVER VALLEY AVA PINOT NOIR MUST
Location
Proposed AVA .............................................................................................................................
Grand River Valley AVA Site #1 .................................................................................................
Grand River Valley AVA Site #2 .................................................................................................
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Total
phenolics
(mg/L)
Brix
17
20.8
20
Titratable
acidity
(g/L)
317
608
584
10.4
7.4
8.1
According to the petition, the cooler
growing season temperatures of the
proposed Conneaut Creek AVA are
reflected in the higher levels of acid in
the grape must. Malic acid degradation
is primarily a function of temperature,
both ambient and in the leaf canopy,
with warmer temperatures reducing
acid levels. Cooler growing season
temperatures also slow the development
of sugar and phenolic components in
the grapes, resulting in grape must with
lower degrees of Brix and fewer total
phenolics.
The petition also included similar
information for juice from pinot noir
grapes harvested on the same day in
2018 from a vineyard within the
proposed AVA and from a vineyard in
the city of Vermilion, Ohio, which is
located west of the proposed AVA along
the central portion of the Lake Erie
shoreline and is also within the Lake
Erie AVA. The information is set out in
the following table.
1 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.),
pages 61–64 (1974). In the Winkler climate
classification system, annual heat accumulation
during the growing season, measured in annual
GDDs, defines climatic regions. One GDD
accumulates for each degree Fahrenheit that a day’s
mean temperature is above 50 degrees F, the
minimum temperature required for grapevine
growth.
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TABLE 2—COMPARISON OF PROPOSED AVA AND LAKE ERIE AVA PINOT NOIR JUICE
GDD on date
of harvest
Location
Proposed AVA .............................................................................................................................
Vermilion, OH ..............................................................................................................................
The data indicates that Brix levels and
the number of total phenolics in the
juice from grapes grown in the proposed
AVA are lower than those in the juice
from the Vermilion vineyard grapes.
The lower sugar and phenolics levels,
along with the lower GDD
accumulations, demonstrate that the
proposed AVA has cooler temperatures,
even though the proposed AVA and the
city of Vermilion are both close to the
Lake Erie shore. The data also supports
the petition’s claim that the proposed
Conneaut Creek AVA’s location on the
northeasterly curve of Lake Erie
shoreline allows the air passing over the
lake during the growing season to cool
for a greater length of time than air that
reaches the shoreline farther to the west.
The petition states that lower sugar
and phenolic levels and higher acid
levels can also be found when
2,407
2,703
Total
phenolics
Brix
16
19.8
406
669
comparing cabernet franc grapes grown
in the proposed Conneaut Creek AVA to
the same varietal grown in the Grand
River Valley AVA and the western end
of the Lake Erie AVA. The petition notes
that cabernet franc grapes typically
ripen later than pinot noir, regardless of
where they are grown. The following
table sets out the information.
TABLE 3—COMPARISON OF CABERNET FRANC FRUIT MATURITY
Year
Harvest date
Grape components
2018 ..................
October 10 ......................................
2019 ..................
October 10 ......................................
2020 ..................
October 9 ........................................
Brix ..................................................
Total phenolics (mg/L) ....................
Titratable acidity (mg/L) ..................
Brix ..................................................
Total phenolics (mg/L) ....................
Titratable acidity (mg/L) ..................
Brix ..................................................
Total phenolics (mg/L) ....................
Titratable acidity (mg/L) ..................
The petition did not include data
related to growing season temperatures
within the region to the east of the
proposed AVA, in Pennsylvania,
because the region lacked viticulture at
the time the petition was submitted.
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Comparison of the Proposed Conneaut
Creek AVA to the Existing Lake Erie
AVA
The Lake Erie AVA was established
by T.D. ATF–156, which was published
in the Federal Register on October 21,
1983 (48 FR 48819). T.D. ATF–156
states that the AVA is distinguished by
its proximity to Lake Erie, which ‘‘exerts
a moderating influence’’ on
temperatures. Locations adjacent to the
lake are more protected from extreme
minimum and maximum temperatures
than regions farther from the lake. T.D.
ATF–156 also states that ‘‘[s]oils,
elevations, and other physiographic
features are diverse and * * * do not
directly form the basis’’ for
distinguishing the AVA.
The proposed Conneaut Creek AVA
also has the lake-influenced climate that
is the primary feature of the Lake Erie
AVA. However, due to its location on
the northeastern edge of the Lake Erie
AVA and its maximum distance of 6.5
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miles from the lake, the proposed AVA
has a cooler growing season than
locations within the Lake Erie AVA that
are farther west or farther inland.
TTB Determination
TTB concludes that the petition to
establish the approximately 37,116-acre
‘‘Conneaut Creek’’ AVA merits
consideration and public comment, as
invited in this document.
Boundary Description
See the narrative boundary
descriptions of the petitioned-for AVA
in the proposed regulatory text
published at the end of this document.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed Conneaut Creek AVA
boundary on the AVA Map Explorer on
the TTB website, at https://www.ttb.gov/
wine/ava-map-explorer.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
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Proposed
Conneaut
Creek AVA
19.6
399
6
20.4
469
9.6
21.8
320
10.1
Grand River
Valley AVA
20.2
544
4.6
22.2
531
6
22
380
7.9
Western
portion of
Lake Erie AVA
21
488
N/A
N/A
N/A
N/A
N/A
N/A
N/A
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for
labeling with an AVA name and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the AVA name appears in
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Conneaut Creek,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, wine bottlers
using ‘‘Conneaut Creek’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, would have to ensure that
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the product is eligible to use the
viticultural area’s name ‘‘Conneaut
Creek.’’ The approval of the proposed
Conneaut Creek AVA would not affect
any existing AVA, and any bottlers
using ‘‘Lake Erie’’ as an appellation of
origin or in a brand name for wines
made from grapes grown within the
Conneaut Creek AVA would not be
affected by the establishment of this
new AVA. If approved, the
establishment of the proposed Conneaut
Creek AVA would allow vintners to use
‘‘Conneaut Creek,’’ ‘‘Lake Erie,’’ or both
AVA names as appellations of origin for
wines made from grapes grown within
the proposed AVA, if the wines meet
the eligibility requirements for the
appellation.
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Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether TTB
should establish the proposed Conneaut
Creek AVA. TTB is interested in
receiving comments on the sufficiency
and accuracy of the name, boundary,
and other required information
submitted in support of the AVA
petition. TTB invites comments on
whether the boundary description,
which only includes land within the
proposed boundary that is also within 2
statute miles of Conneaut Creek within
the AVA, is sufficient to identify the
proposed AVA and different enough
from areas outside that boundary. In
addition, because the proposed
Conneaut Creek AVA would be within
the existing Lake Erie AVA, TTB is
interested in comments on whether the
evidence submitted in the petition
regarding the distinguishing features of
the proposed AVA sufficiently
differentiates it from the existing AVA.
TTB is also interested in comments on
whether the geographic features of the
proposed AVA are so distinguishable
from the Lake Erie AVA that the
proposed Conneaut Creek AVA should
not be part of the established AVA.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Conneaut
Creek AVA on wine labels that include
the term ‘‘Conneaut Creek’’ as discussed
above under Impact on Current Wine
Labels, TTB is particularly interested in
comments regarding whether there will
be a conflict between the proposed area
names and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
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that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the
proposed AVA.
Submitting Comments
You may submit comments on this
proposal by using one of the following
methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2023–0010 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 228 on the TTB website at https://
www.ttb.gov/wine/notices-of-proposedrulemaking. Supplemental files may be
attached to comments submitted via
Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘FAQ’’ link at the bottom of the
page.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
Please submit your comments by the
closing date shown above in this
document. Your comments must
reference Notice No. 228 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
language acceptable for public
disclosure. We do not acknowledge
receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if
you are commenting on your own behalf
or on behalf of an organization,
business, or other entity. If you are
commenting on behalf of an
organization, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail, please
submit your entity’s comment on
letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
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Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this document, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2023–
0010 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
notices-of-proposed-rulemaking under
Notice No. 228. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For instructions
on how to use Regulations.gov, visit the
site and click on the ‘‘FAQ’’ link at the
bottom of the page.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that it considers unsuitable
for posting.
You may also obtain copies of this
proposed rule, all related petitions,
maps, other supporting materials, and
any electronic or mailed comments that
TTB receives about this proposal at 20
cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or any similarlysized documents that may be included
as part of the AVA petition. Contact
TTB’s Regulations and Rulings Division
by email using the web form at https://
www.ttb.gov/contact-rrd, or by
telephone at 202–453–1039, ext. 175, to
request copies of comments or other
materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
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Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866, as amended.
Therefore, it requires no regulatory
assessment.
List of Subjects in 27 CFR Part 9
Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2024–00059 Filed 1–4–24; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4810–31–P
Background on Viticultural Areas
Wine.
TTB Authority
Proposed Regulatory Amendment
DEPARTMENT OF THE TREASURY
For the reasons discussed in the
preamble, we propose to amend title 27,
chapter I, part 9, Code of Federal
Regulations, as follows:
Alcohol and Tobacco Tax and Trade
Bureau
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
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The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
rename the established ‘‘Mendocino
Ridge’’ American viticultural area
(AVA) in Mendocino County, California,
as ‘‘Mendocino Coast Ridge.’’ The
proposed name change would not affect
the size or boundary description of the
AVA. TTB designates viticultural areas
to allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposal.
DATES: TTB must receive your
comments on or before March 5, 2024.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal using the comment form for
this document as posted within Docket
No. TTB–2023–0009 on the
‘‘Regulations.gov’’ website at https://
www.regulations.gov. Within that
docket, you also may view copies of this
document, its supporting materials, and
any comments TTB receives on this
proposal. A direct link to that docket is
available on the TTB website at https://
www.ttb.gov/wine/notices-of-proposedrulemaking under Notice No. 227.
Alternatively, you may submit
comments via postal mail to the
Director, Regulations and Ruling
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005. Please see
the Public Participation section below
for further information on the comments
requested regarding this proposal and
on the submission, confidentiality, and
public disclosure of comments.
SUMMARY:
(a) Name. The name of the viticultural
area described in this section is
‘‘Conneaut Creek’’. For purposes of part
4 of this chapter, ‘‘Conneaut Creek’’ is
a term of viticultural significance.
(b) Approved maps. The 4 United
States Geological Survey (USGS)
1:24,000 scale topographic map used to
determine the boundary of the
viticultural area are as follows:
(1) Conneaut, OH-PA, 2019;
(2) North Kingsville, OH, 2019;
(3) Gageville, OH, 2019; and
(4) Pierpoint, OH, 2019.
(c) Boundary. The Conneaut Creek
viticultural area is located in Ashtabula
County, Ohio. The boundary of the
Conneaut Creek viticultural area is as
described as follows:
(1) The beginning point is on the
Conneaut map at the intersection of the
Ohio-Pennsylvania State line and
Conneaut Creek.
(2) From the beginning point, proceed
westerly, then easterly, then northerly
along Conneaut Creek, crossing onto the
North Kingsville map and back onto the
Conneaut map, to the point where
Conneaut Creek flows into Lake Erie.
(3) The Conneaut Creek viticultural
area consists of all land within 2 statute
miles of Conneaut Creek on the
Conneaut, North Kingsville, Gageville,
and Pierpoint maps.
17:14 Jan 04, 2024
RIN 1513–AC80
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
2. Add § 9.ll to read as follows:
VerDate Sep<11>2014
[Docket No. TTB–2023–0009; Notice No.
227]
AGENCY:
Subpart C—Approved American
Viticultural Areas
§ 9.ll
27 CFR Part 9
Proposed Renaming of the Mendocino
Ridge Viticultural Area
Authority: 27 U.S.C. 205.
■
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated the functions
and duties in the administration and
enforcement of these provisions to the
TTB Administrator through Treasury
Order 120–01.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs),
including changes to AVA names, and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to its geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
E:\FR\FM\05JAP1.SGM
05JAP1
Agencies
[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 726-730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00059]
[[Page 726]]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0010; Notice No. 228]
RIN 1513-AD01
Proposed Establishment of the Conneaut Creek Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 70,437-acre ``Conneaut Creek'' American viticultural area
(AVA) in Ashtabula County, Ohio. The proposed AVA is located entirely
within the boundaries of the existing Lake Erie AVA. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase. TTB invites comments on these proposals.
DATES: TTB must receive your comments on or before March 5, 2024.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2023-0010 as
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of
this document below for full details on how to comment on this proposal
via Regulations.gov or U.S. mail, and for full details on how to obtain
copies of this document, its supporting materials, and any comments
related to this proposal.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
provisions pursuant to section 1111(d) of the Homeland Security Act of
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the
Treasury has delegated certain administrative and enforcement
authorities to TTB through Treasury Order 120-01.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of
the regulations and, once approved, a name and a delineated boundary
codified in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and allows any interested
party to petition TTB to establish a grape-growing region as an AVA.
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards
for petitions to establish or modify AVAs. Petitions to establish an
AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA that affect viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
If the proposed AVA is to be established within, or
overlapping, an existing AVA, an explanation that both identifies the
attributes of the proposed AVA that are consistent with the existing
AVA and explains how the proposed AVA is sufficiently distinct from the
existing AVA, and therefore appropriate for separate recognition.
Petition To Establish the Conneaut Creek AVA
TTB received a petition from Andrew Kirk, a research specialist at
Ohio State University--Ashtabula Agricultural Research Station,
proposing to establish the ``Conneaut Creek'' AVA on behalf of the
Committee for Establishment of the ``Conneaut Creek AVA,'' comprised of
local industry and institutional stakeholders. The proposed AVA is
located in Ashtabula County, Ohio, and is entirely within the
established Lake Erie AVA (27 CFR 9.83). The proposed AVA consists of
the land within 2 miles of Conneaut Creek within the State of Ohio, for
a total of approximately 37,116 acres. There are six commercial
vineyards covering a total of approximately 45 acres within the
proposed AVA, as well as three wineries. The distinguishing feature of
the proposed Conneaut Creek AVA is its climate.
Proposed Conneaut Creek AVA
Name Evidence
The proposed AVA takes its name from Conneaut Creek, which runs
through the region and empties into Lake Erie near the Ohio-
Pennsylvania border. According to the petition, one of the earliest
examples of the use of the name ``Conneaut Creek'' comes from the diary
of Moses Cleveland, a surveyor who landed at the mouth of the creek on
the Lake Erie shoreline in 1796 and referred to the creek as
``Conneaught Creek,'' an anglicized spelling of the Seneca name for the
creek. The creek also gives its name to the city of Conneaut, Ohio,
which is within the
[[Page 727]]
proposed AVA. The petition includes several examples of businesses and
organizations within the proposed AVA that use the name ``Conneaut'' or
``Conneaut Creek,'' including Conneaut Creek Veterinary Wellness and
Urgent Care, Conneaut Creek Float and Fly Shop, the Conneaut Creek
Club, Conneaut Creek Ship Repair, Friends of Conneaut Creek, and
Conneaut Creek Fishing Lodge.
Boundary Evidence
The proposed Conneaut Creek AVA encompasses the portion of Conneaut
Creek that is in Ohio. Although the creek originates in Pennsylvania,
the petition states that the Ohio-Pennsylvania border is used as the
eastern boundary of the proposed AVA because at the time the petition
was submitted, commercial viticulture did not exist along Conneaut
Creek in Pennsylvania. The boundary of the proposed AVA begins at the
point where Conneaut Creek intersects the Ohio-Pennsylvania State line.
The proposed AVA then encompasses all land within 2 miles of the creek
within the State of Ohio, to the point where the creek empties into
Lake Erie. The petition states that a 2-mile radius around the creek
encapsulates the climate, topography, and soil type of the proposed
AVA, the primary characteristic being a climate that is strongly
influenced by winds blowing inland from Lake Erie. According to the
petition, the climatic influence of these winds lessens the farther one
travels from both the Lake Erie shoreline and the banks of Conneaut
Creek.
Distinguishing Feature
According to the petition, the distinguishing feature of the
proposed Conneaut Creek AVA is its climate, which is influenced by air
moving inland from Lake Erie via Conneaut Creek. The headwaters of the
creek are in Pennsylvania, and it primarily flows south to north within
that State. However, within the proposed AVA, Conneaut Creek flows from
east to west for some time, parallel to Lake Erie, before resuming a
northward trajectory into the lake. The proposed AVA is also located
along a considerable northeasterly curve of the shoreline. The petition
states that due to the shape of the shoreline, air flowing into the
proposed AVA has travelled across the waters of Lake Erie for a longer
distance than at locations along the shoreline that are farther to the
west. Therefore, the air has more time to be affected by the
temperature of the water it is passing over. The result is that
temperatures in the proposed AVA are typically cooler for longer in the
spring growing season, when the water temperature is generally cooler
than the air temperature; less extreme in the summer; and warmer in the
winter, when the water temperature is generally warmer than the air
temperature. By comparison, temperatures in locations farther from the
lake are typically warmer in the summer and cooler in the winter than
the proposed AVA.
To demonstrate how airflow over Lake Erie affects temperatures, the
petition included the average growing degree day \1\ (GDD)
accumulations from 2015 to 2020 from within the proposed Conneaut Creek
AVA and from the city of Fremont, Ohio, which is located within the
western portion of the Lake Erie AVA and is not as close to the lake as
the proposed AVA. The average GDD accumulation for the proposed AVA was
2,996.6, while the average GDD accumulation from Fremont was 3,379. The
petition states that the difference of 382.4 GDDs is equivalent to 3.5
to 4 extra weeks of heat accumulation, indicating a warmer climate in
Fremont.
According to the petition, the cooler temperatures of the proposed
Conneaut Creek AVA affect grape maturation and levels of malic acid,
sugar (measured in degrees Brix), and phenols (which affect flavor,
smell, and color). The petition provided information about must from
pinot noir grapes harvested on the same date in 2019 from a vineyard in
the proposed AVA and from two vineyards in the nearby Grand River
Valley AVA (27 CFR 9.87), which is located within the Lake Erie AVA to
the southwest of the proposed AVA. The information is set out in the
following table. The petition notes that within the proposed AVA, the
farthest a vineyard can be from Lake Erie is 6.5 miles, with most
existing vineyards being within three miles of Lake Erie. In the Grand
River Valley AVA, the closest a vineyard could be to the lake is 7.5
miles.
Table 1--Comparison of Proposed AVA and Grand River Valley AVA Pinot Noir Must
----------------------------------------------------------------------------------------------------------------
Total
Location Brix phenolics (mg/ Titratable
L) acidity (g/L)
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 17 317 10.4
Grand River Valley AVA Site #1.................................. 20.8 608 7.4
Grand River Valley AVA Site #2.................................. 20 584 8.1
----------------------------------------------------------------------------------------------------------------
According to the petition, the cooler growing season temperatures
of the proposed Conneaut Creek AVA are reflected in the higher levels
of acid in the grape must. Malic acid degradation is primarily a
function of temperature, both ambient and in the leaf canopy, with
warmer temperatures reducing acid levels. Cooler growing season
temperatures also slow the development of sugar and phenolic components
in the grapes, resulting in grape must with lower degrees of Brix and
fewer total phenolics.
---------------------------------------------------------------------------
\1\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed.), pages 61-64 (1974). In the
Winkler climate classification system, annual heat accumulation
during the growing season, measured in annual GDDs, defines climatic
regions. One GDD accumulates for each degree Fahrenheit that a day's
mean temperature is above 50 degrees F, the minimum temperature
required for grapevine growth.
---------------------------------------------------------------------------
The petition also included similar information for juice from pinot
noir grapes harvested on the same day in 2018 from a vineyard within
the proposed AVA and from a vineyard in the city of Vermilion, Ohio,
which is located west of the proposed AVA along the central portion of
the Lake Erie shoreline and is also within the Lake Erie AVA. The
information is set out in the following table.
[[Page 728]]
Table 2--Comparison of Proposed AVA and Lake Erie AVA Pinot Noir Juice
----------------------------------------------------------------------------------------------------------------
GDD on date of Total
Location harvest Brix phenolics
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 2,407 16 406
Vermilion, OH................................................... 2,703 19.8 669
----------------------------------------------------------------------------------------------------------------
The data indicates that Brix levels and the number of total
phenolics in the juice from grapes grown in the proposed AVA are lower
than those in the juice from the Vermilion vineyard grapes. The lower
sugar and phenolics levels, along with the lower GDD accumulations,
demonstrate that the proposed AVA has cooler temperatures, even though
the proposed AVA and the city of Vermilion are both close to the Lake
Erie shore. The data also supports the petition's claim that the
proposed Conneaut Creek AVA's location on the northeasterly curve of
Lake Erie shoreline allows the air passing over the lake during the
growing season to cool for a greater length of time than air that
reaches the shoreline farther to the west.
The petition states that lower sugar and phenolic levels and higher
acid levels can also be found when comparing cabernet franc grapes
grown in the proposed Conneaut Creek AVA to the same varietal grown in
the Grand River Valley AVA and the western end of the Lake Erie AVA.
The petition notes that cabernet franc grapes typically ripen later
than pinot noir, regardless of where they are grown. The following
table sets out the information.
Table 3--Comparison of Cabernet Franc Fruit Maturity
----------------------------------------------------------------------------------------------------------------
Proposed Western
Year Harvest date Grape components Conneaut Creek Grand River portion of
AVA Valley AVA Lake Erie AVA
----------------------------------------------------------------------------------------------------------------
2018.................... October 10........ Brix.............. 19.6 20.2 21
Total phenolics 399 544 488
(mg/L). 6 4.6 N/A
Titratable acidity
(mg/L).
2019.................... October 10........ Brix.............. 20.4 22.2 N/A
Total phenolics 469 531 N/A
(mg/L). 9.6 6 N/A
Titratable acidity
(mg/L).
2020.................... October 9......... Brix.............. 21.8 22 N/A
Total phenolics 320 380 N/A
(mg/L). 10.1 7.9 N/A
Titratable acidity
(mg/L).
----------------------------------------------------------------------------------------------------------------
The petition did not include data related to growing season
temperatures within the region to the east of the proposed AVA, in
Pennsylvania, because the region lacked viticulture at the time the
petition was submitted.
Comparison of the Proposed Conneaut Creek AVA to the Existing Lake Erie
AVA
The Lake Erie AVA was established by T.D. ATF-156, which was
published in the Federal Register on October 21, 1983 (48 FR 48819).
T.D. ATF-156 states that the AVA is distinguished by its proximity to
Lake Erie, which ``exerts a moderating influence'' on temperatures.
Locations adjacent to the lake are more protected from extreme minimum
and maximum temperatures than regions farther from the lake. T.D. ATF-
156 also states that ``[s]oils, elevations, and other physiographic
features are diverse and * * * do not directly form the basis'' for
distinguishing the AVA.
The proposed Conneaut Creek AVA also has the lake-influenced
climate that is the primary feature of the Lake Erie AVA. However, due
to its location on the northeastern edge of the Lake Erie AVA and its
maximum distance of 6.5 miles from the lake, the proposed AVA has a
cooler growing season than locations within the Lake Erie AVA that are
farther west or farther inland.
TTB Determination
TTB concludes that the petition to establish the approximately
37,116-acre ``Conneaut Creek'' AVA merits consideration and public
comment, as invited in this document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for AVA
in the proposed regulatory text published at the end of this document.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Conneaut Creek AVA boundary on the AVA Map Explorer on the TTB website,
at https://www.ttb.gov/wine/ava-map-explorer.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with an AVA name
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the AVA name appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label. Different rules apply if a wine has
a brand name containing an AVA name that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
If TTB establishes this proposed AVA, its name, ``Conneaut Creek,''
will be recognized as a name of viticultural significance under Sec.
4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using ``Conneaut Creek'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, would have to
ensure that
[[Page 729]]
the product is eligible to use the viticultural area's name ``Conneaut
Creek.'' The approval of the proposed Conneaut Creek AVA would not
affect any existing AVA, and any bottlers using ``Lake Erie'' as an
appellation of origin or in a brand name for wines made from grapes
grown within the Conneaut Creek AVA would not be affected by the
establishment of this new AVA. If approved, the establishment of the
proposed Conneaut Creek AVA would allow vintners to use ``Conneaut
Creek,'' ``Lake Erie,'' or both AVA names as appellations of origin for
wines made from grapes grown within the proposed AVA, if the wines meet
the eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Conneaut Creek AVA. TTB is
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, and other required information submitted in support of
the AVA petition. TTB invites comments on whether the boundary
description, which only includes land within the proposed boundary that
is also within 2 statute miles of Conneaut Creek within the AVA, is
sufficient to identify the proposed AVA and different enough from areas
outside that boundary. In addition, because the proposed Conneaut Creek
AVA would be within the existing Lake Erie AVA, TTB is interested in
comments on whether the evidence submitted in the petition regarding
the distinguishing features of the proposed AVA sufficiently
differentiates it from the existing AVA. TTB is also interested in
comments on whether the geographic features of the proposed AVA are so
distinguishable from the Lake Erie AVA that the proposed Conneaut Creek
AVA should not be part of the established AVA. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Conneaut Creek AVA on wine labels that include the term
``Conneaut Creek'' as discussed above under Impact on Current Wine
Labels, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed area names and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed AVA
will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid conflicts, for
example, by adopting a modified or different name for the proposed AVA.
Submitting Comments
You may submit comments on this proposal by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2023-0010 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 228 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to
comments submitted via Regulations.gov. For complete instructions on
how to use Regulations.gov, visit the site and click on the ``FAQ''
link at the bottom of the page.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
document. Your comments must reference Notice No. 228 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
entity, your comment must include the entity's name as well as your
name and position title. If you comment via Regulations.gov, please
enter the entity's name in the ``Organization'' blank of the online
comment form. If you comment via postal mail, please submit your
entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2023-0010 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 228.
You may also reach the relevant docket through the Regulations.gov
search page at https://www.regulations.gov. For instructions on how to
use Regulations.gov, visit the site and click on the ``FAQ'' link at
the bottom of the page.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that it considers unsuitable for posting.
You may also obtain copies of this proposed rule, all related
petitions, maps, other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal at 20 cents per
8.5- x 11-inch page. Please note that TTB is unable to provide copies
of USGS maps or any similarly-sized documents that may be included as
part of the AVA petition. Contact TTB's Regulations and Rulings
Division by email using the web form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-1039, ext. 175, to request copies of
comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
[[Page 730]]
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, as amended. Therefore, it requires no
regulatory assessment.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Add Sec. 9.__ to read as follows:
Sec. 9.__ Conneaut Creek.
(a) Name. The name of the viticultural area described in this
section is ``Conneaut Creek''. For purposes of part 4 of this chapter,
``Conneaut Creek'' is a term of viticultural significance.
(b) Approved maps. The 4 United States Geological Survey (USGS)
1:24,000 scale topographic map used to determine the boundary of the
viticultural area are as follows:
(1) Conneaut, OH-PA, 2019;
(2) North Kingsville, OH, 2019;
(3) Gageville, OH, 2019; and
(4) Pierpoint, OH, 2019.
(c) Boundary. The Conneaut Creek viticultural area is located in
Ashtabula County, Ohio. The boundary of the Conneaut Creek viticultural
area is as described as follows:
(1) The beginning point is on the Conneaut map at the intersection
of the Ohio-Pennsylvania State line and Conneaut Creek.
(2) From the beginning point, proceed westerly, then easterly, then
northerly along Conneaut Creek, crossing onto the North Kingsville map
and back onto the Conneaut map, to the point where Conneaut Creek flows
into Lake Erie.
(3) The Conneaut Creek viticultural area consists of all land
within 2 statute miles of Conneaut Creek on the Conneaut, North
Kingsville, Gageville, and Pierpoint maps.
Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00059 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P